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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-06-PO-166
Extended Stay America )
) Citation No.: C20073292002
Vancouver, Washington 98684 )
CITATION
Released: February 1, 2007
By the Resident Agent, Portland Resident Agent Office, Western Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Extended Stay
America for violation of Sections 76.605(a)(12) and 76.1804 of the
Commission's Rules ("Rules").
2. Investigation by the Enforcement Bureau's Portland Resident Agent
Office revealed that on November 2, 2006, Extended Stay America,
utilized a non-cable, multichannel video programming distributor
("MVPD") system located at 300 NE 115^th Avenue, Vancouver,
Washington.
3. The Commission's Rules provide that MVPDs, both cable and non-cable,
that transmit carriers with certain characteristics within frequency
bands of 108-137 MHz and 225-400 MHz must comply with specific
technical requirements delineated in the rules in order to avoid
interference to other licensed operations, including aeronautical
systems operating in these frequency ranges. Attached are excerpts of
many of the relevant rules applicable to such MVPD systems. In
particular, Section 76.610 of the Rules provides that all MVPDs (cable
and non-cable) transmitting carriers or other signal components
carried at an average power level equal to or greater than 10^-4 watts
across a 25 kHz bandwidth in any 160 microsecond period, at any point
in the cable distribution system in the frequency bands 108-137 and
225-400 MHz for any purpose must comply with, among others, Sections
76.605(a)(12) and 76.1804. Extended Stay America is required to comply
with these rules because its MVPD system at its motel property in
Vancouver, Washington, transmits carriers at an average power level
equal to or greater than 10^-4 watts across a 25 kHz bandwidth in any
160 microsecond period and carries signals in the 108-137 MHz
aeronautical band.
4. Section 76.605(a)(12) of the Rules provides that "[a]s an exception to
the general provision requiring measurements to be made at subscriber
terminals, and without regard to the type of signals carried by the
cable television system, signal leakage from a cable television system
shall be measured in accordance with the procedures outlined in S
76.609(h) and shall be limited as follows: Over 54 MHz up to and
including 216 MHz - 20 micro-volts per meter, measured at 3 meters."
At the time of the inspection, Portland agents conducted field
strength measurements at approximately three meters from the southwest
entrance at the Extended Stay America on the frequency 121.2625 MHz
and measured an emission of 320 microvolts, which exceeds the field
strength allowed on that frequency by the Rules.
5. Section 76.1804 of the Rules requires that an "MVPD shall notify the
Commission before transmitting any carrier or other signal component
with an average power level across a 25 kHz bandwidth in any 160
microsecond time period equal to or greater than 10^-4 watts at any
point in the cable distribution system on any frequency or frequencies
in the aeronautical radio frequency bands (108-137 and 225-400 MHz).
The notification shall be made on FCC Form 321." Extended Stay America
was using the frequency of 121.2625 MHz, an aeronautical frequency,
but had not notified the Commission using FCC Form 321.
6. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
7. Extended Stay America may request an interview at the closest FCC
Office, which is Federal Communications Commission, 11410 NE 122^nd
Way, Suite 312, Kirkland, Washington 98034-6927. You may contact this
office by telephone, XXX XXX-XXXX, to schedule this interview, which
must take place within 14 days of this Citation. Extended Stay America
may also submit a written statement to the above address within 14
days of the date of this Citation. Any written statements should
specify what actions have been taken to correct the violation[s]
outlined above. Please reference file number EB-06-PO-166 when
corresponding with the Commission.
8. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
9. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to
Extended Stay America at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
Attachment
47 U.S.C. S 503(b)(5).
47 C.F.R. SS 76.605(a)(12), 76.1804.
47 C.F.R. S 76.610; see attached "Excerpts from 47 C.F.R. Part 76 related
to Multichannel Video Programming Distributors."
47 C.F.R. S 76.605(a)(12).
47 C.F.R. S 76.1804.
47 C.F.R. S 1.80(b)(3).
47 U.S.C. SS 401, 501, 503, 510.
47 U.S.C. S 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S 552a(e)(3).
See 18 U.S.C. S 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission